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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 115488
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I just found out I have a telecheck discrepancy of a check

Customer Question

I just found out I have a telecheck discrepancy of a check from 2009 what are the statute of limitations on that check and do I still owe it
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

What state was the check written in?

Customer: replied 1 year ago.
In California on March 20, 2009. The reason i asked the question is because I can't open a checking account anywhere with this on my record.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

Under CA law, they had 1 year to file criminal charges against you on the check for issuing bad checks, so you need to check your criminal record in CA to see if there are any warrants. A warrant and you being absent from the state also can stop the civil statute of limitations from running against you. In general though, the statute of limitations on the check in CA is the same as for breach of contract and that is FOUR (4) YEARS from the date of the check.

Furthermore, under Telecheck's policy they will remove the report after 5 years, so this should be eligible for removal. You need to contact them in writing and inform them that the check debt is time barred pursuant to CA law as it is longer than 4 years and it is also now beyond the Telecheck 5 year requirement for removal of your name and that you are requesting that they remove you from their database. Realize that Telecheck could legally report it for 7 years under the fair credit reporting act, but in most cases where the debt is time barred they will remove it after the 5 years if you dispute it and point out that the debt is time barred and you do not owe anything.

Customer: replied 1 year ago.
You said, "A warrant and you being absent from the state also can stop the civil statute of limitations from running against you." Did you mean stop as in civil action can still be taken because the satute of limitations timeline was stoped or or no civil action can be taken.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

I mean that when someone leaves the state and a warrant has been issued for them or in case of a civil suit, if the creditor has no idea of where to serve the debtor and the debtor has left the state (absence from the state is how the court's phrase it) could be used by the court as good cause to extend the statute of limitations.

However, that is an argument for the creditor to make and all you are going to do now is argue that the debt is indeed time barred and you submit that to telecheck with your demand it be removed from your record.